[NOTE: This article does not discuss sexual abuse]
In India, the family is considered the foundation of society. However, not every family environment ensures love, safety, and support. In many cases, children suffer from physical or mental abuse at the hands of their own parents or guardians. Such abuse severely affects a child’s physical growth, emotional stability, and self-worth. It is not an overstatement to say that almost 90% of the children in India face the following abuses from their parents:
1. Physical Abuse: Hitting, beating etc.
2. Mental or Emotional Abuse: Verbal humiliation, intimidation, threats, insults, or
psychological neglect.
3. Neglect: Denying a child basic needs such as food, shelter, healthcare, safety, or education.
The Indian Legal System, which is nothing but a reflection of the Society, is quite inadequate to take a firm stand against the physical and mental torture upon a child by their parents. In India, beating up own children is widely known as “disciplining”, taunts and verbal abuse are defined as “preparing for the real world.” A child who is abused by their parents cannot cut off ties with the parents, as in India the concept of emancipation is not legally recognized.
However, the Legal System, is not stagnant. There are precedents and landmark judgments which put the welfare of a child as the most important thing to consider in a legal proceeding. With that positive note, let us quickly explore the steps a child can take against abusive parents:
🔹 Steps to Take in Case of Abuse
1️⃣ Ensure Immediate Safety:
If a child faces serious abuse, they should be moved to a safe location — with relatives, teachers, or trusted neighbors.
2️⃣ Contact Police or Childline (1098):
– Childline 1098 is a 24-hour, toll-free emergency helpline.
– Upon receiving a call, volunteers and officials will reach out to verify and assist the child.
3️⃣ Approach the Child Welfare Committee (CWC):
-The CWC is a district-level committee which works to prevent child rights violation. Contact of the CWC of a concerned district can be availed from the internet.
– The CWC can order protection, alternate guardianship, or safe shelter for the child.
4️⃣ File a Complaint (FIR):
– An FIR can be registered at any police station if necessary.
5️⃣ Counseling and Rehabilitation:
– Professional counseling may be ordered by the CWC or court for psychological recovery.
🔹 Importance of Evidence
Evidence plays a crucial role in proving abuse. The following may help establish a case:
– Medical reports of injuries
– Photographs or videos (if safe to record)
– Testimonies from teachers or neighbours.
🔹 Section 75 of The Juvenile Justice (Care And Protection of Children) Act, 2015
The relevant portion of Section 75 of the said Act is as follows:
“75. Punishment for cruelty to child.—Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both:
…………..
Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees.”
The young minds must realize that the silence must be broken. If taking legal resort seems a bit too much, the incidents of abuse by parents can be discussed with teachers, therapists, or any close and safe relatives. It is pertinent to be aware about the possibility that abusing children may be a generational cycle, which can be broken only by being vocal about the same.
Soham Banerjee, Advocate
High Court at Calcutta